Legal Opinion

Colman v. Shattuck

New York Supreme Court

Decided October 15, 1874Published

Appeal by plaintiff from a judgment dismissing the complaint in an action tried by the court without a jury. The action was brought in Cattaraugus county, by Truman R, Colman against Edwin R. Shattuck and others, to set aside a deed from the comptroller, given after a sale for unpaid taxes, of certain lands to which plaintiff claimed title, as a cloud upon such title. All the necessary facts will be found in the opinion of Mr. Justice Lamost.

1Opinion of the CourtMullin, P. J.

I have carefully examined the objections made by the appellant’s counsel to the regularity of the proceedings in assessing the plaintiff’s land, and in the sale and conveyance of the same for the taxes assessed on the same, and I am of the opinion that they were properly disposed of by the' judge at the special term.

For the reasons assigned by him in his opinion the judgment should be affirmed, with costs.

[The following is the opinion above referred to] :

Lamont, J.

The object of-this action is to obtain a judgment declaring void defendants’ title to real estate derived from a sale and…

2Cases cited12 opinions

  1. The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
  2. Hall v. FisherNew York Supreme Court · 1849
  3. Patten v. GreenCalifornia Supreme Court · 1859
  4. Bellinger v. . GrayNew York Court of Appeals · 1873
  5. Doughty v. HopeNew York Supreme Court · 1846

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